 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Harris2/20/1998
he police on the night of the shooting. In the taped statement, which was played to the jury, Demetric said he heard the victim tell the defendant he did not want to fight him. Demetric also stated that the victim "was just getting up" from his chair at the kitchen table when the defendant shot him. Demetric testified that the defendant was about three feet away from the victim when he shot him. Demetric stated that the victim did not fight with the defendant over the gun.
On cross-examination, Demetric testified that he had been in the house five or ten minutes before the defendant got the gun. According to Demetric, the defendant and the victim were arguing heatedly, and it was obvious to Demetric that his father had been drinking and was intoxicated. Demetric stated that his father asked the victim to leave the house several times, but the victim told the defendant he would not leave until he got his money.
On redirect examination, Demetric testified that on the day of the shooting, he never saw the defendant fall down but did see him stumble when the police took him to the car. Demetric also agreed that the victim told the defendant he did not want to fight him prior to being shot. Demetric testified that the victim was shot when he stood up, after the defendant had told him to leave.
G.W. Lomax, a Baton Rouge city police officer, testified that he was the first officer upon the scene after the shooting. Sergeant Lomax arrested the defendant, handcuffing him and escorting him out of the house. Sergeant Lomax testified that the defendant seemed to understand all of his commands and followed them without any problem. Sergeant Lomax stated that the defendant had an odor of alcohol on him and was excited and nervous, but he did not fall down or stagger.
On cross-examination, Sergeant Lomax testified that he was dispatched at 4:46 p.m. and arrived at the house a minute and a half later. Sergeant Lomax indicated that the defendant's eyes were bloodshot and he had a strong odor of alcohol on his breath. He admitted that the defendant was intoxicated.
Rochelle Harris, the defendant's daughter, testified that she was in another room while the defendant and the victim were arguing. Rochelle testified that she tried to get out of the house because she saw the defendant fire t the gun into the ceiling. According to Rochelle, before he fired the gun, the defendant told the victim to leave. She could not recall telling the police she saw the second shot.
On cross-examination, Rochelle testified that the information she gave to the police was based on what her brother had said, not what she had actually observed. Rochelle testified that she could tell her father had been drinking by his walk and slurred speech; she also could smell the alcohol.
On redirect examination, Rochelle testified that her father ordinarily drank around the house and that she had seen him in the state he was in at the time of the offense before, although not often. Rochelle testified that the arguing between the victim and the defendant was common. According to Rochelle, the victim was saying he was going to take the money, and the defendant replied, "What? You going to take my money?"
Dr. Hypolite T. Landry, Jr., coroner for East Baton Rouge Parish and an expert in forensic pathology, testified that the victim suffered a gunshot wound to the nose, causing damage and hemorrhage to the brain which resulted in death. Dr. Landry testified that there were areas around the wound that were burned by the powder from the weapon, which is known as stippling, and that there was soot on the bridge of the nose and the forehead. Dr. Landry testified that the soot
Page 1 2 3 4 5 6 7 8 9 10 11 12 Louisiana DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|